In January 2008 I enrolled in a truck driving school that arranged a loan that would fund to them when I got my CDL. The training trucks were broke down and I didn't get the training I was promised. I had to repeat two of the weeks to get seat time. When I left school for a family emergency the school owner said I couldn't return and get my CDL -- but he wanted his money. I said I would finish the course, get my CDL, and the loan would fund. He refused. Now, after all this time, an out-of-state collection agency is threatening to sue me. If there is a suit, how do I fight this in court?
Hello,Thank you for using JA. Was this a written contract that you entered into or was it just verbal?.What was the school owner's reason for not allowing you to return to finish the course?.
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It was a written contract. He didn't give a reason, but I think he was mad because my classmates and I -- four out of six of whom didn't complete the course either -- went to him and his wife and complained about the training trucks and the simulator being broke down. His wife, who is also the finance manager, flat out said she didn't care. She said in the real world trucks break down too. We were livid when she said that.
Ok, if they were unable to adequately teach the course due to their faulty equipment, then legally they have breached the contract. Further, unless there is some clause in the contract that states you can't start and stop and then restart the course, then you would be allowed to do so. When you returned and requested to complete the course and were denied, that would again be a breach of the contract..So your defense would be that the school breached the contract by not having operating equipment initially, thereby extending the time it took to complete the course. Then when you were refused re-entry into the course, they breached again and waived their right to payment because the purpose of the contract was "frustrated". Frustration of contract excuses non-performance by the party whose purpose was frustrated. You signed up for a full course and through mechanical equipment failures and the owner's refusal to allow you to finish, your purpose of obtaining a CDL was frustrated..
The first collection agency placed an adverse rating against me on the Experian and TransUnion credit reports. After I sent them a cease and desist letter, after a few more calls, the rating stayed, but showed a zero balance. Any suggestions about communicating with this new collection agency to be proactive in keeping them from placing something adverse on my credit? I'm concerned because their website states they report to Equifax -- the major credit reporting agency.
Well, to be honest, until you prove that you are not responsible for the debt, as a new owner of the alleged debt, they can report it as delinquent..However you can send them a letter stating that you have disputed the debt with the original creditor and request that they validate the debt by providing certain information. If they can't validate, then they can't report it or attempt to collect on it. After you request validation, they may realize you know your rights and just give up.This is a sample letter you can use with your info:.
November 3, 2011
123 Your Street Address
Your City, ST 01234
123 NotOnYourLife Ave
Re: Acct # XXXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2010). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
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